Marlin Construction Group, LLC v. Bollinger
A commissioned salesman who sold roofing services on behalf of a licensed roofing contractor sued for unpaid commissions; the contractor argued the agreement was unenforceable under section 489.128 because the salesman lacked a contractor's license. The Sixth District affirmed summary judgment and the jury verdict for the salesman, holding he was neither a 'contractor' under section 489.105(3)/(3)(e) nor engaged in 'contracting' under section 489.105(6), because he performed no roofing work and acted merely as the licensed contractor's agent in the sale.
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